Court of Appeal

Decision Information

J.G.B. v. Nova Scotia (Community Services)

Court Court of Appeal
Date 2002-06-20
Citation 2002 NSCA 86
Docket CA 177479
Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Saunders, Jamie W. S. (Honourable Justice) (CA); Glube, Constance R. (Honourable Chief Justice) (CA)
Document Type Library Sheet
Relations Decision - J.G.B. v. Nova Scotia (Community Services) - 2002 NSCA 86 - 2002-06-20 - Decision

Decision Content

CASE NO.                                     VOL. NO.                                            PAGE

 

J. G. B.                                                         - and -                               THE MINISTER OF

                                                                                                        COMMUNITY SERVICES

(Appellant)                                                                                                                 (Respondent)

                                                                              

CA 177479                                               Halifax, N.S.                                      CHIPMAN, J.A.

            [Cite as: J.G.B. v. Nova Scotia (Minister of Community Services) 2002 NSCA 86]

 

 

 

                                           Editorial Notice

 

Identifying information has been removed from this electronic version of the library sheet.

 

APPEAL HEARD:                                 June 4, 2002

 

JUDGMENT DELIVERED:                 June 20, 2002

 

 

SUBJECT:         Family Law - Children and Family Services Act, 1990, c. 5

Placing Children in permanent care and custody of Minister of Community Services.

 

SUMMARY         A judge of the Supreme Court (Family Division) made an order placing the appellant’s two children in the permanent care and custody of the respondent Minister. The two children, born July [...],1998 and January [...], 2000, respectively, had been apprehended by the Agency on May 19, 2000 and an order made in the Family Division found them in need of protective services. The appellant remained under supervision orders respecting them. They were apprehended by the Agency on July 20, 2001. At a trial in November, 2001, Williams, J. reviewed the evidence and found that there was a substantial risk that the children would suffer harm within the meaning of s. 22(2)(f) and (g) of the Act and that the only course open was to accept the Agency’s plan for adoption and grant an order for permanent care and custody.

 

ISSUES:              Whether the trial judge erred in applying the provisions of the Act to the circumstances before him.

 

RESULT:            The Court of Appeal reviewed the evidence, the decision of Williams, J., and the relevant provisions of the Act and found that the trial judge made no error. The appeal was dismissed.

 

 

 

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